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HomeMy WebLinkAboutOrd 2503 05/21/1974 I I ORDINANCE NO. 2503 AN ORDINANCE RECOGNIZING THE MOUNT PROSPECT FIRE CADET PROGRAM WHEREAS, the Illinois General Assembly has passed and approved P .A. 78-402 effective August 28, 1973, and which Act established and authorized Fire Cadet Programs throughout the State; and WHEREAS, the aforesaid legislation does not apply to any Home Rule Unit as de- fined under the 1970 Illinois Constitution, even though the original Bill was drafted by Mount Prospect personnel and modeled after the existing Fire Cadet Program in Mount Prospect; and WHEREAS, for the past two fiscal years the Mount Prospect Fire Department has conducted a cadet program under the auspice of the President and Board of Trustees of the Village of Mount Prospect and the Village Manager; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe it to be in the best interests of the Village of Mount Prospect to officially recognize and establish the existing Fire Cadet Program of the Village of Mount Prospect which has long been established as the pilot program for fire cadets in the entire State of Illinois; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to the Home Rule authority vested in the President and Board of Trustees of the Village of Mount Prospect by Article VII of the 1970 Illinois Constitution, subsections Band C of Section 5.703 of the Municipal Code of 1957, as amended, be and the same are hereby further amended in their en- tireties by substituting therefor an entirely new subsection Band C; so that here- after the said subsections Band C shall be and read as follows: liB. The Board of Fire and Police Commissioners shall make rules: To car- ry out the purpose of Division 2.1 referred to hereinabove; and for ap- pointments to and removals from the Fire and Police Departments in ac- cordance with the provisions of the aforesaid Division 2.1 and this Article. 1. All these rules and changes therein shall be printed immediately for distribution. a. The Board of Fire and Police Commissioners shall give notice (1) of the places where the printed rules may be obtained, and (2) of the date, not less than ten (10) days subsequent to the time of publication, when the rules or changes therein shall go into operation. b. This notice shall be published in one or more newspapers pUb- lished in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general cir- culation within the municipality. 2. These rules of the Board of Fire and Police Commissioners shall ap- ply only to the conduct of examinations for original appointments, for promotions, and to the conduct of hearings on charges brought against a member of the Police or Fire Department. I' I I a. No such rule shall be made by the Board of Fire and Police Com- missioners to govern the actual operation of the Fire and/or Police Departments or the conduct of members unless such rule is first specifically authorized by the President and Board of Trustees of the Village of Mount Prospect. b . In the event of a hearing on charges brought against a member of the Police or Fire Department: 1) The President and Board of Trustees shall retain an attor- ney to prosecute such charges on behalf of any Village of- fical or Village employee filing such charges; otherwise such person filing such charges shall provide his own at- torney to prosecute such charges, if such person desires counsel. 2) The Board of Fire and Police Commissioners is hereby authorized to retain legal counsel of its own choosing to represent said Board. 3. The Board of Fire and Police Commissioners shall provide rules for the appointment of persons at least 16 years of age to part-time positions within the cadet training program of the Fire Department of the Village of Mount Prospect, provided such training program is conducted in conjunction with the Diversified Occupational Pro- gram of any local High School District and with the Illinois State V ocational Education System. C . All applicants for position in either the Fire or Police Department of the Village of Mount Prospect shall be under 35 years of age; shall be sub- ject to an examination which shall be public, competitive, and free to all applicants, unless the Board of Trustees of the Village of Mount Prospect by ordinance limit applicants to electors of the municipality , county, state or nation; and shall be subject to reasonable limitations as to residence, health, habits and moral character. 1. No person with a record of misdemeanor convictions except those under Sections 11-5,11-6,11-7,11-9,11-14,11-15,11-17,11-18, 11-19,12-2,12-6,14-4,16-1,21.1-3,24-3.1,24-5,25-1,28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsec- tions 1, 6 and 8 of Section 24-1 of the Illinois Criminal Code of 1961 or arrested for any cause but not convicted thereon shall be dis- qualified from taking the examination to qualify for a position in the Fire Department on grounds of habits or moral character. a. No person who is classified by his local selective service draft board as a conscientious objector, or who has ever been so classified, may be appointed to the Police or Fire Department. b. No person shall be appointed to the Police or Fire Department, unless he is a person of good character; not an habitual drunk- ard, gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. -2- .., I I 1) However, no person shall be disqualified from appoint- ment to the Fire Department because of such person's re- cord of misdemeanor convictions except those under Sec- tions 11-5,11-6,11-7,11-9,11-14,11-15,11-17,11-18, 11-19,12-2,12-6,14-4,16-1,21.1-3,24-3.1,24-5,25-1, 28-3,31-1,31-4,31-6,31-7,32-1,32-2,32-3,32-4,32-8, and subsections 1, 6 and 8 of Section 24-1 of the Illinois Criminal Code of 1961 or because of arrest for any cause without conviction thereon. 2) Any such person who is in the Fire Department may be re- moved on charges brought and after a trial as provided by law. 2. The foregoing age limitation does not apply to any person previ- ously employed as a policeman or fireman in a regularly constitu- ted police or fire department of any municipality, or a Fire Pro- tection District whose obligations were assumed by the Village of Mount Prospect under Section 21 of "An Act in Relation to Fire Pro- tection Districts II . 3. Applicants who are 20 years of age and who have successfully com- pleted 2 years of law enforcement studies at an accredited college or university may be considered for appointment to active duty with the Police Department. Any such applicant who is appointed to ac- tive duty shall not have the power of arrest, nor shall he be per- mitted to carry firearms, until he reaches 21 years of age. 4. Applicants who are 18 years of age and who have successfully com- pleted 2 years of study in fire techniques, amounting to a total of 4 high school credits, within the Fire Cadet Program of the Village of Mount Prospect may be considered for appointment to active duty wi th the Fire Department. 5. Persons residing outside the Village of Mount Prospect are eligible to take examinations for the Fire or Police Departments. a. The examinations shall be practical in character and relate to those matters which will fairly test the capacity of the persons examined to discharge the duties of the positions to which they seek appointment. b. No person shall be appointed to the Police or Fire Department if he does not possess a high school diploma or an equivalent high school education. c. The examinations shall include tests of physical qualifications and health. d. No person shall be appointed to the Police or Fire Department if he has suffered the amputation of any limb unless the appli- cant's duties will be only clerical or as a radio operator. e. No applicant shall be examined concerning his political or re- ligious opinions or affiliations. --3- I I f. The examinations shall be conducted by the Board of Fire and Police Commissioners of the Village of Mount Prospect in the manner provided by law. 6. Persons who have successfully completed 2 years of study in fire techniques within the Cadet Program established under the rules of the Board of Fire and Police Commissioners of Mount Prospect and persons who were engaged in the military or naval service of the United States for a period of at least one year and who were honorably discharged therefrom, or who are now or may hereafter be on inactive or reserve duty in such military or naval service, not including, however, persons who were convicted by court martial of disobedience of orders, where such disobedience con- sisted in the refusal to perform military service on the ground of religious or conscientious objections against war, shall be pre- ferred for appointments to offices, positions, and places of em- ployment in the Fire and Police Departments of the Village of Mount Prospect coming under the provisions of the aforesaid Division 2.1 of Article 10 of Chapter 24 of the Illinois Revised Statutes. 7. Only upon the Corporate Authorities' passage of an appropriate Resolution increasing the number of officers and members of the Police and Fire Departments of the Village of Mount Prospect, shall the Board of Fire and Police Commissioners appoint officers and members of the Fire and Police Departments of the Village of Mount Prospect other than the Chief of Police and Chief of Fire De- partment, each of whom shall be appointed by the Village Manager pursuant to Chapter 4 of this Code. SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 5 NAYS: 0 ATTEST: PASSED and APPROVED this 21st day o~~~ Village President l I I l ~ I I i I ~ 4- ~~Jv A~~ Village Clerk r -4- ....... w..~......"'''..H''''..~". .~',-",'''' '~r .",.........._~~